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Getting The Deal Through


Published: April 2019


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  • 1.

    Legal framework
    What is the legal framework in your jurisdiction covering the behaviour of dominant firms?

  • 2.

    Definition of dominance
    How is dominance defined in the legislation and case law? What elements are taken into account when assessing dominance?

  • 3.

    Purpose of the legislation
    Is the purpose of the legislation and the underlying dominance standard strictly economic, or does it protect other interests?

  • 4.

    Sector-specific dominance rules
    Are there sector-specific dominance rules, distinct from the generally applicable dominance provisions?

  • 5.

    Exemptions from the dominance rules
    To whom do the dominance rules apply? Are any entities exempt?

  • 6.

    Transition from non-dominant to dominant
    Does the legislation only provide for the behaviour of firms that are already dominant?

  • 7.

    Collective dominance
    Is collective dominance covered by the legislation? How is it defined in the legislation and case law?

  • 8.

    Dominant purchasers
    Does the legislation apply to dominant purchasers? Are there any differences compared with the application of the law to dominant suppliers?

  • 9.

    Market definition and share-based dominance thresholds
    How are relevant product and geographic markets defined? Are there market-share at which a company will be presumed to be dominant or not dominant?

  • 10.

    Definition of abuse of dominance
    How is abuse of dominance defined and identified? What conduct is subject to a per se prohibition?

  • 11.

    Exploitative and exclusionary practices
    Does the concept of abuse cover both exploitative and exclusionary practices?

  • 12.

    Link between dominance and abuse
    What link must be shown between dominance and abuse? May conduct by a dominant company also be abusive if it occurs on an adjacent market to the dominated market?

  • 13.

    What defences may be raised to allegations of abuse of dominance? When exclusionary intent is shown, are defences an option?

  • 14.

    To what extent conduct is considered abusive
    Rebate schemes

  • 15.

    Tying and bundling

  • 16.

    Exclusive dealing

  • 17.

    Predatory pricing

  • 18.

    Price or margin squeezes

  • 19.

    Refusals to deal and denied access to essential facilities

  • 20.

    Predatory product design or a failure to disclose new technology

  • 21.

    Price discrimination

  • 22.

    Exploitative prices or terms of supply

  • 23.

    Abuse of administrative or government process

  • 24.

    Mergers and acquisitions as exclusionary practices

  • 25.

    Other abuses

  • 26.

    Enforcement authorities
    Which authorities are responsible for enforcement of the dominance rules and what powers of investigation do they have?

  • 27.

    Sanctions and remedies
    What sanctions and remedies may the authorities impose? May individuals be fined or sanctioned?

  • 28.

    Enforcement process
    Can the competition enforcers impose sanctions directly or must they petition a court or other authority?

  • 29.

    Enforcement record
    What is the recent enforcement record in your jurisdiction?

  • 30.

    Contractual consequences
    Where a clause in a contract involving a dominant company is inconsistent with the legislation, is the clause (or the entire contract) invalidated?

  • 31.

    Private enforcement
    To what extent is private enforcement possible? Does the legislation provide a basis for a court or other authority to order a dominant firm to grant access, supply goods or services, conclude a contract or invalidate a provision or contract?

  • 32.

    Do companies harmed by abusive practices have a claim for damages? Who adjudicates claims and how are damages calculated or assessed?

  • 33.

    To what court may authority decisions finding an abuse be appealed?

  • 34.

    Unilateral conduct by non-dominant firms
    Are there any rules applying to the unilateral conduct of non-dominant firms?

  • Updates and trends

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